Terms of Use
This document was last updated on May 6, 2016
Welcome to petsafe.com. Radio Systems Corporation and its affiliates (“RSC,” “we,” “us,” or “our”) design products and services that enhance the relationship between pets and their owners. When you visit or shop at petsafe.com, use RSC products or services, use RSC applications for mobile or use software provided by RSC (collectively, “Service(s)”) you do so subject to the following conditions.
By using RSC Services, you agree to these conditions.
Privacy Policy
Any information that RSC collects through your use of our Services is subject to the RSC Privacy Policy, which is part of these Terms.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of our Services. We reserve the right to make changes to our Services, Policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Policies Apply to Products Orders
RSC’s Terms of Sale , Return Policy, and Warranty Information apply to purchases made through our store at www.petsafe.com. All orders placed are subject to RSC’s acceptance. We may accept, decline, or place limits on your order for any reason.
Limitations of Services
Intended Use. RSC Services are intended for your personal, non-commercial use. RSC grants you a limited, non-exclusive, non-transferable, non-sub licensable license to (1) access and view the RSC Content, (2) access and use the software and mobile applications provided by our Services, and (3) use the software that is embedded into RSC products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of our Services as permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the RSC Content, RSC Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RSC or its licensors, except for the licenses and rights expressly granted in these Terms. RSC Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and mobile carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services. You acknowledge that you will not rely on the Services for any safety or critical purposes related to you or your pet.
You represent and agree that you are at least 18 years of age.
No Unlawful or Prohibited Use. Access and use of any and all Services are subject to these Terms and all applicable laws. You may not use our Services in any manner that could disable, overburden, or impair any www.petsafe.com server, or interfere with any other person’s use and enjoyment of our Services, other accounts, computer systems or networks connected to any www.petsafe.com server or to any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with any Service and we will cooperate with law enforcement officials as appropriate. Your rights to use our Services may be further limited by federal law or the laws or regulations in your particular state or locality. RSC may, in its sole discretion, and at any time, modify or discontinue the Services, or limit, terminate or suspend your use of the Service. We are not obligated to monitor access or use of Services, RSC Content, or to review or edit any RSC Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right (but are not required) to remove or disable access to the RSC Service or any RSC Content at any time and without notice, and at our sole discretion, if we determine that the RSC Content or your use of our Services are objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.
Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. RSC does not offer any specific uptime guarantee for the Services.
Necessary Equipment. Full use of RSC Services are dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the RSC Service and it is your responsibility to ensure the equipment’s functionality. RSC may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of RSC Services and or the Product Software (“Updates”). It is your sole responsibility to install all Updates.
Pet Health and Other Benefits. RSC does not guarantee or promise any specific level of pet weight loss, pet health, or other benefit from the use of the Products or Services, or any feature of them. Actual results from use of the Services and Products vary with factors beyond RSC’s control or knowledge. You agree not to seek monetary or other remedies from RSC based on your results of using the Products and Services. The Services provide you information (“Product Information”) regarding the Products and their connection with other products and Services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
Ownership, Copyright and Trademark
You agree and acknowledge that RSC is the owner or licensee of all rights in the Services and (“RSC Content”) includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. RSC Content, Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Any unauthorized use of any RSC Content may violate such laws. No links may be established to any part of the Service and no information within the Services may be framed without our prior written approval. Under no circumstances may you use any of the RSC Content whether owned by or licensed to us. Nothing within the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
DMCA/Copyright Policy
RSC respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is used within our Services, please provide RSC with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears within the Services; and 3) your contact information - name, address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to RSC' designated copyright agent as set forth below:
Duration of this Agreement
This agreement ("Agreement") will continue to be effective until you or we terminate it. We reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: RSC’s Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Jurisdiction and Governing Law; and General Terms.
Information Provided by You
The Services may provide you an opportunity to communicate with us. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, we do not want you to, and you agree through the use of the Services, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post in connections with the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by RSC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, personal data provided to RSC through the Service will be handled in accordance with the RSC Privacy Policy, which is available at this link, incorporated into these Terms and made a part hereof. Any contact or communication which you may make with us or our employees via our Services must be for RSC business-related purposes and all such communications are property of RSC, and subject to review and monitoring by us. You are prohibited from posting or transmitting to the Services any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and RSC will not be liable for any such unauthorized disclosure. RSC and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when RSC' products or marketing strategies might seem similar to ideas submitted to RSC. So, please do not send your unsolicited ideas to RSC or anyone at RSC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that RSC makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Third Party Content and Linked Sites
You acknowledge that the opinions and recommendations expressed or made available in the Services are those of the respective author(s) and are not necessarily those of RSC or endorsed by RSCs. The Services may contain links to other sites created and maintained by other organizations, which may or may not be related to RSC. These links are provided for your convenience and are for reference only and you agree that links do not imply that RSC is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of RSC. You understand that the linked sites are not controlled by RSC and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.
Member Account, Password and Security
If you use the Services you may be required to create an account. You must complete the registration process by providing us with current, complete and accurate information. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. RSC is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree to notify RSC immediately of any unauthorized use of your account or any other breach of security of which you become aware. RSC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by RSC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Alerts and Notifications
As part of your use of our Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
No Spam
Simply put, we do not tolerate spam. You are not authorized to add other users of any Service
(even someone who you have had contact with as a result of the Services) to your mailing list (whether e-mail or traditional mail) without their express consent. Furthermore, you may not use any Service to send spam or otherwise send content that would violate our Terms of Use.
Jurisdiction and Governing Law
RSC operates and controls the Services (excluding linked sites) from its offices within the State of Tennessee, United States of America. You agree that the statutes and laws of the State of Tennessee, without regard to its conflict of law provisions, will apply to all matters regarding the use of this Site. In the event that a dispute arises between you and RSC relating to these Terms of Use, any legal proceeding(s) initiated will be filed and determined exclusively in the appropriate state or federal court in Tennessee. You and RSC agree to, and hereby do, submit to the personal and exclusive jurisdiction of the courts located within Tennessee. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. YOU FURTHER KNOWINGLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action relating to use of the Services, or relating to our Terms of Use, Privacy Policy, or Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arises or be forever barred.
International Users
RSC Services may refer to products, programs or services that are not available in your country. We make no representation that the Services are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export information or materials in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access the Services from a location outside of the United States, you are responsible for compliance with all applicable laws. By using the Services you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
Chat Rooms and Bulletin Boards
If any chat rooms, forums, or bulletin boards are provided within a Service, they are provided by RSC as a convenience to its users. You should however, understand the risks involved with using this type of site. Users may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RSC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant RSC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RSC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RSC for all claims resulting from content you supply. RSC has the right but not the obligation to monitor and edit or remove any activity or content. RSC takes no responsibility and assumes no liability for any content posted by you or any third party. Information submitted to the chat rooms, forums, or bulletin boards may be routed through RSC' servers or servers of third parties, and may be viewed by the general public. Therefore, you should have no expectation of privacy for the information you post. This information may be collected and used by third parties. It is not secure or private. RSC may decide at any time to monitor the information and postings. RSC reserves the right at its discretion to screen, refuse to post, remove or edit any and all information or postings from the chat rooms, forums and bulletin boards, or to bar access of any individual to the Site, or its chat rooms, forums, or bulletin boards. If participating in chat rooms, forums and bulletin boards, you agree not to market or sell any products or services or solicit others to do so, or use the chat room, forum, or bulletin board for any commercial purpose. You will not misrepresent your identity or affiliation. You also will not violate the Terms of the Services.
Testimonials
All testimonials are based on information received from RSC' customers as the result of their experience with the products sold and Services offered on the Site. RSC does not compensate its customers in exchange for their testimonials.
Limitation of Liability
Your use and browsing of the Services is at your sole risk. If you are dissatisfied with the Services or any of the materials within the Services, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Services. NEITHER RSC, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RSC SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RSC SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RSC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL RSC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RSC SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO RSC FOR USE OF THE RSC SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RSC, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RSC AND YOU.
Disclaimers
RSC SERVICES AND RSC CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or RSC Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or any RSC Content. You acknowledge and agree that if you rely on any RSC Content or the RSC Service, you do so solely at your own risk.
Indemnity
You will indemnify and hold harmless RSC and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Service, (ii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between RSC and you regarding the RSC Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RSC and you regarding the RSC Service and RSC Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without RSC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. RSC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by RSC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the RSC Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
RSC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RSC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us
Please contact us if you have any questions about these terms.
Radio Systems Corporation
10427 PetSafe Way
Knoxville, TN 37932
legal@petsafe.net